Child Right Protection and

welfare
Abebe Alewond
November 2018/19
 Chapter One: Introduction to Rights
1) The Form and function of Rights in General
2) Child Rights
3) Aspects of Child Rights
4) Commencement and End of Childhood
5) The Concept of Childhood under Ethiopian
Laws
6) Definition of Specific Minimum Ages under
Ethiopian Legislation
1.1. Theories on the Forms and Functions
HRs
In its analytical perspective, “right” has
two parts.
1) Form: The internal structure of right ;
and
2) Function: what rights do for those who
hold them?
The Structure of Rights
a) privilege,
b) claim,
c) power, and
d) Immunity
Privileges and claims called “primary
rules”: rules requiring that people
perform or refrain from performing
particular actions (Hart 1961).
Where as power and immunity called
“secondary rules”: rules that specify how
agents can introduce, change, and alter
primary rules
Privileges and powers are exercised,
while claims and immunities are merely
enjoyed rights.
 1. Privileges or Liberties
A “privilege,” is liberty right or
freedom that allow its holder to do or
not to do a certain action
Privilege rights can be either:
a) single or
b) paired
Single privilege
A single privilege is asserted by an
expression of the form
“A“ has a Y right to’ φ’ if and only if
“A” has no duty not to ‘φ’
(where “Y” is “legal,” “moral,” or
“customary,” and “Q” is an active verb)
Thus, single privilege allows its holder to
exempt from general duty
A Police in pursuit of a suspect has the
legal right to break down the door that the
suspect has locked behind him.
The sheriff's having a legal right to break
down the door implies that he has no
legal duty not to break down the door.
A single privilege confers an exemption
from a general duty which is not allowed
for ordinary people.
Paired privilege(Liberty)
A Liberty is composed of two privileges.
“A“ has a Y right to’ φ’ If and only if
“A” has no duty to ‘φ’ o
and
“A” has no duty not to ‘φ’
A person vested with a paired privilege is
entitled to perform, or not to some action,
as he wants.
Its function is to endows its bearer with discretion,
or choice up on some action.
Privilege-rights mark out what their bearer has
right to do or not to do as he pleased.
For instance, to say you have a right to pick up or
not to pick up the coin that you find on the road.
It implies that, you have the right to pick up and
at the same time You have a right not to pick up it.
The right to property, speech, association, and
religious practice are some example of paired
privilege rights
2. Claim Rights
“A” has a claim that ‘B’ to φ or not to φ
if and only if ‘B’ has a duty to “A” to φ or
not to φ.
For every claim in ‘A’ there is some ‘B
‘who has a duty to ‘A’
A claim right imposes duties on others to
act or refrain from a certain action against
the right holders.
Examples:
1) ‘’A student’’ right to education correlates
with the government duty to open school
and provide teachers.
2) the employee has a claim right that the
employer pays his/her wages
3) The arrestee’s right to be silent
correlates with the police officers’ duties
not force him to speak
However, all claim-rights may not
created by voluntary contract
A child's claim-right against abuse
correlates with a duty in every other
person not to abuse a child.
These example illustrates how a claim-
right can require duty-bearers to refrain
from performing some action. (i.e., that
“Q” can be a negative verb such as “not
abuse ”).
 To sum up, Claim Rights can have three
different functions.
1) protection against harm, or
2) Provision in case of need, or
3) Performance against a certain contract,
3.Powers
To have a power is to have the ability
within a set of rules to create, waive, or
annul some lower-order incident(s).

“A” has a power if and only if “A” has

the ability within a set of rules to alter
one own or another's primary right(s)
Fore example, I have a right to promise
you to give my lab top.
Before I exercise this right I have no duty
to give you my lab top, and you have no
claim that I do.
In exercising my power by making the
promise, I create in you a claim to my
lab top and thereby create in myself the
duty to give it to you.
A promisor exercises a power-right to
create in the promisee a claim that the
promisor will do what he promised.
All rights that are powers confer authority.
You have the power to waive, and not to
waive, the vendor’s duty allow you to
measure a shoe before buying it.
Powers Rights confer discretionary
authority.
4. Immunity
Immunities rights are corresponding to
an absence of a power in some other party
to alter the right holder’s normative
situation in some way
Thus, Immunities Rights entitle
protection against harm or paternalism.
If “A” lacks the ability to alter B's Hohfeldian
incidents, then B has immunity:

Or
B has immunity if and only if A lacks the
ability to alter B's Hohfeldian incidents.
A tenured (ቐሚ የዩኒቨርሲቲ መምህር)
professor has the right that his university
not annul his rights to teach and research.
The professor’s immunity right
corresponds with the university’s lack of
power to fire him.
Similarly, The Ethiopian parliament lacks
the ability within the Constitution to
impose upon Ethiopian citizens a duty to
kneel [መስገድ/ስግደት] daily before a cross.
 1.4. Types of Rights
A classification of rights in water tight
form is not possible due to the fact that
some of the specific rights overlap their
categories.
But in order to discuss them in a
simplified form, we may categories them
in the following manner
Natural rights
Natural rights are rights derived from the
very Nature of human being
 Such as the right to Life, liberty, pursuit
of happiness.
Harman characterized Natural rights as”
those rights (if any) a person has in the
state of nature;
Rights held prior to and independently of
institutional arrangements, or
conventions
2. Moral Rights
 These rights are the claims of the
individuals based on the consciences of
the community.
They recognized by the good sense of the
community (people).
For instance, an elder has the moral right
to be respected by his village youngsters.
Yet, such rights cannot be enforced by
the courts;
Their enforcement depends up on the
good sense of the community.
When moral rights are converted into
legal rights, they become enforceable by
the action of the state.
3. Legal/Democratic Rights
Legal Rights are guaranteed by law
Legal rights impose an obligation on
other people not to exceed the prescribed
limits of law.
These rights may differ from country to
country depending upon the constitution
and culture of the society.
4. Human Rights
The term human rights indicate both their
nature and their source: they are rights
that one has simply because being human.
UDHR, 1948, defines human rights as
“rights derived from the inherent dignity
of the human person.”
 Salient Features of HRs
1) Natural Rights
2) Universal Rights
3) Eternal Rights
4) Inalienable Rights
5) Inviolability Rights
 Human Rights and State Obligations
Under Article 2 of the ICCPR, every state
party has an obligation to respect and
promote the rights of all individuals
within its territory jurisdiction.
Article 2 of the ICESCR also declared
that each state party should undertakes an
action … to the maximum of its available
resources, …progressively for the full
realization of the rights recognized” in
that covenant.
 All member States to UN ha the
obligation to:
1. Respect
2. Promote
3. Protect
4. Fulfill
 1.1. Definition of Childhood
 Despite intellectual debates about the
definition of childhood,
it is considered to start from birth, and
end at the age of majority
 It is the time for children:
a) to be in school and at play,
b) to grow and to build confident with the love
and encouragement of their family
 The Eight events that perverts the life span
of childhood described as death, extreme
malnourishment, extreme violence, conflict
forcing displacement, being out of school,
child labor, child marriage, and children
having children.
Age of Majority: is the legally defined age at
which a person is granted by law the rights (as
ability to sue) and responsibilities (as liability
under contract) of an adult-called also full age
• Though different states may fix the age of
majority differently, 18 is a threshold for most
states.
• It is the age at which a person is liable for
their own actions, such as contractual
obligations or liability for negligence.
• In general, a parental duty of support to
a child ends when the child reaches the
age of majority.
1.2. Commencement of Childhood
1) Convention on the Rights of the
Child (CRC): is the first to present child
rights as a legally binding imperative. 
It was adopted on November 20, 1989
and came into force on 2 September
1990.
Article 1 of the CRC defines “child” as a
every human being below the age of eighteen
years unless under the law applicable to the
child, majority is attained earlier.
The Convention does not provide the
minimum age of childhood.
It does not stipulate either birth or
conception as the starting point of
childhood.
The reason is to avoids taking position on
the controversial issue of abortion with a
view to encourage universal acceptance
of the instrument.
The setting of the starting point for
childhood is left to the determination of
States Parties to the Convention
This is not conflict with domestic
legislation which provides better
protection more for the realization of the
rights of children.
Yet the phrase “early childhood” has been
defined by the Committee on the Rights of
the Child as those children ranging from
birth till the age of 8.
Children are entitled to all the rights
enshrined in the CRC
Accordingly, Article 5 of the Convention
declared that of the obligation of the State
to provide special protection for children.
2) The African Charter on the Rights and
Welfare of the Child:
 it was adopted by the Organization of
the African Unity on June 27, 1981 and
entered into force on 21 October 1986.
The African Children’s Charter is
complementary to the Convention on the
Rights of the Child.
Unlike the CRC, the African
Children’s Charter defined child as a
“every human being below the age of
18 years” (Article2)
 It was intentionally left the phrase
which states ‘unless under the law
applicable to the child, majority is
attained earlier’.
1.3. End of Childhood
 Under CRC, childhood comes to an end at the 18th
birthday unless; the age of majority is attained
earlier pursuant to the domestic laws of the State.
In spite of the fact that CRC sets 18 as the upper
limit of childhood, it allows minimum ages to be
set for different purposes.
Thus, the upper limit of the age of childhood set
forth by the Convention is an age of childhood and
not age of majority.
On the other hand, the omission the
phrase “unless majority is attained
earlier” in the African Children’s Charter
makes the instrument more
comprehensive and inclusive.
On the contrary, the Convention is more
prescriptive and not inflexible as regards
the end of childhood.
 The Concept of Childhood under
Ethiopian Laws
The term “child” is not specifically defined
under Ethiopian law.
Instead, Ethiopian laws make use of such
terms as “minors”, “infant”. “young
workers” or “young persons”.
The Revised Family Code defines a
“minor” as a person of either sex who has
not attained the full age of 18 years old.
Article 1 of the Ethiopian Civil Code
stipulates that one becomes a holder of
rights and duties from the moment of
birth onwards.
Yet, Article 2 of the Civil Code also
provides exceptional circumstances
whereby personality may commence
from the moment of conception.
Even unborn child may have the right to
property …. if he or she is born alive and
viable if the father dies intestate.
Moreover, the Criminal Code stated that
the ‘intentional termination of a
pregnancy … is considered as punishable
Criminal.
Despite the fact that the Criminal Code
provides various grounds on the basis of
which abortion is permitted, the practice
is considered, in principle, as an offence.
 Definition of Specific Minimum Ages
under Ethiopian Legislation
1. Ends of Compulsory Education
 Article 89(2) of the Labour Proclamation
(377/2003) stipulates that it is prohibited
to employ persons less than 14 years old.
 One of the reasons for this stipulation is
the need to prevent children from work
which interferes with their education.
2.Admission to Employment
ILO Convention No. 138 establishes three
age limits on condition of employment
and work:
a) 18 for hazardous work,
b) 15 for full-time employment in non-
hazardous work, and
c) 13 for light work that does not interfere
with education.
Under Ethiopian law, Proclamation No.
42/1993, prohibit the employment of
children under the age of fourteen.
In addition it also prescribes the normal
hours of work of young workers as not to
exceed seven hours a day.
 Furthermore, it provides for the prohibition of
young workers from engaging in hazardous
occupations which include work:
1) on transport of passengers and goods
involv.ing extremely tiresome activities;.
2) connected with electric; power generation
plants, transformers or transmission lines
3) in sewers and digging tunnel sand
4) underground work such as mines and quarries;
3. Sexual Consent
 Ethiopian laws do not clearly stipulate a minimum
age below which children are incapable of giving
valid consent to sexual activity.
 However, Article 626(1) of the Criminal Code
provides that performance of sexual
intercourse with a child who is between the
age of 13 and 18 considered as crime
irrespective of consent on the part of the
victim.
 Therefore, the age of sexual consent in
Ethiopia is 18 for both boys and girls.
4. Marriage
 Article 7 of the Revised Family Code raised the
marriageable age of a girl to 18 years
 Yet, Article of the Revised Family Code 648
provides that “whoever concludes marriage with
a minor apart from circumstances permitted by
relevant Family Code is punishable with
Rigorous imprisonment not exceeding:
a) 3 years, where the age of the victim is 13 years or
above; or
b) 7 years, where the age of the victim is below 13
years.
5. Criminal Responsibility
Article 52 of the Criminal Code provides
that infants who have not attained the age
of 9 years shall not be deemed to be
criminally responsible.
Only the family, the school or the
guardianship authority may take steps to
ensure their correction
• In particular, the Committee on the
Rights of the Child urged Ethiopia to
raise the minimum age of criminal
responsibility at least to 12 and to ensure
that children aged 15 to 18 years are
accorded the protection of child justice
provisions and are not treated as adults.
 Deprivation of Liberty and Imprisonment

The Criminal Code provides that young

(9-15 years)person’s shall not be subject
to the ordinary penalties applicable to
adults nor shall they be kept in custody
with adult criminals
Capital Punishment and Life Imprisonment

Article 176 of the Criminal Code

provides that “in no case may death
sentence be passed upon a criminal who
had not attained his eighteenth year of
age at the time of the commission of the
crime.
 Giving Testimony, in court, in civil and
criminal cases
 Article 12(2) of the CRC affirms the rights of the child
to be heard in judicial and administrative proceedings
affecting his life.
1. On Civil judicial and administrative proceedings such:
a) custody,
b) upbringing of the child,
c) separation from parents,
d) modification of family relations (adoption and
guardianship)
2.On Criminal issues both in cases where
children are victims or criminal.
Children may serve as witnesses in cases
involving other parties.
In Ethiopian legislation there is no hard
and fast rule which prevents children
from giving testimony under existing
laws.
Chapter Two: General Measures for the
Implementation of Rights of Children

Recognizing the rights for children are critical

global issues of the 21st century.
The GA of the UN adopted the CRC on
November 20, 1989 and entered into force on
September 2, 1990.
Currently, 191 countries have ratified it.
As a result of this, it is the most universally
accepted human rights instrument
The United States of America has signed but
not yet ratified and Only Somalia, has neither
signed nor ratified.
The CRC requires State parties to commit
themselves to the respect and promotion of
children’s rights.
The CRC requires State parties to commit
themselves to the respect and promotion of
children’s rights.
It also mandates States to submit country
periodic reports to the Committee on the
Rights of the Child.
The obligation to report is a means of
promoting such implementation and of
assessing the progress made by each State
party on realization of rights for children
Article 4 of CRC- obligates Member States to
undertake legislative and administrative
measures for the implementation of the rights
the child enshrined in the Convention.
Some regional instruments were also adopted
by the African Union.
These are:
1) African Charter on Human and Peoples' Rights,
2) African Charter on the Rights and Welfare of the Child
Article 1 of ACRWC- spells out the
obligations of the Member States to recognize
and enforce the rights and freedoms of children
The CRC and the ACRWC require state parties
to take legislative and administrative measures
such as:
a)Establishing human right institutions and
b)Domestication of treaties
c)Translation of international treaties into
different vernaculars language
d)Awareness creation about the rights of the
child.
By ratifying these international and regional
treaties, governments agree to actively observe
and implement the provisions therein.
As a Member State to both treaties, Ethiopia
has been taking various measures to ensure the
realization and observance of the rights of
children as enshrined under the Convention and
African Children’s Charter.
 2.2. Status and Domestication of the
CRC and ACRWC Under Ethiopian
Law
Article 9(4) of the FDRE Constitution: all international
instruments ratified by Ethiopia are an integral part of the
law of the land.
Article 13(2) of the Constitution: the fundamental rights
and freedoms specified under chapter three shall be
interpreted in conforming to the principles of the UDHR, and
International Human Rights Covenants ratified by Ethiopia.
Therefore, all rights enshrined under CRC and
ACRWC are legally recognized to be enjoyed
by Ethiopian children
However, Ethiopia has not yet promulgated
CRC and ACRWC in its official law gazette-
the Negarit Gazeta.
 Recognition of Child Rights in the FDRE
Constitution
 Article 36 of the Constitution recognizes the following
rights of children which include:
Article 36 (1):Every child has the right:
a) To life;
b) To a name and nationality;
c) To know and be cared for by his or her parents or legal
guardians;
d) Not to be subject to exploitative practices,
e) Not permitted to perform work which may be hazardous or
harmful to his or her education, health or well-being;
f) To be free of corporal punishment or cruel and inhumane
treatment
Article 36 (2): articulates the principle of the
best interest of the child as the primary
consideration in matters affecting children
Article 36 (3): Juvenile offenders admitted to
corrective /rehabilitative institutions, or who
are placed in orphanages shall be kept
separately from adults.
Article 36(4): Children born out of wedlock shall
have the same rights as children born of wedlock.
Article 36(5): The State shall accord special
protection to orphans and …advance their welfare,
and education.
In spite of such constitutional provisions,
protecting children’s fundamental rights remain a
major challenge in Ethiopia, as they deprived
adequate food, clean water and medicine.
 Children’s Rights under Ethiopian National
Policies
The Committee on the Rights of the Child
recommended governments to take special
measures and develop special policies and
programmes for the realization of child rights.
Accordingly, the Ethiopian government has
adopted the following policies:
1)Comprehensive National Child Policy
It emphasizes on three central strategies:
a)Development and growth of children,
b)Prevention and protection of the rights of
children, and
c)Rehabilitation and support of children in case
of need
2) National Policy on Ethiopian Women
Aims at:
a)achieving de facto equality between men and
women
b)realization of the rights of women to
participation, and property
c)access to social services, and
d)preventing harmful traditional practices
3) The draft Social Protection Policy
Objectives:
a)Providing the welfare and developmental
needs of children and women
b)Emancipating child from child welfare issues
such as begging, prostitution and juvenile
delinquency (child criminal )
4) National Youth Policy
The policy defines youth as those with the age
ranges of 15 and 29.
It aims to address children related issues ranging
from education to protection.
The policy identifies the youth among the
segments of society hardest hit by poverty and
unemployment and other challenges
5) The Cultural Policy:
It dwells upon the need to eradicate harmful
traditional practices in the country.
6) The Education and Training Policy
It also aims at ensuring access to education to
all school age children.
7) The National Population Policy
It discusses the adverse impact of war related
displacement and natural disasters on children
including orphan hood.
9) The National Criminal Justice Policy -2011
It devoted a separate section for care and
special handling of victims of crimes and
children in conflict with the law.
Such as protection to children who are victims
of FGM, early marriage, child labor, neglect
and abuse
 National Strategies for the Realization of the
Rights of Children
Ethiopia’s National Plan of Action for Children
focuses on four themes:
1)Promoting healthy lives,
2)providing quality education,
3)protecting against child labor abuse, sexual
exploitation rehabilitation and reintegration of
child victims
4)Combating HIV/AIDS
 Coordination for the Implementation of Children’s Rights

The effective implementation of children’s rights

requires coordination:
a)among central government departments and
b)between government and civil society
As a result, the Ministry of Women, Children and
Youth Affairs has been established in view of this
objective.
 Functions of the Minister

a)Create awareness and movement on the question of women,

children and youth;
b)Collect, compile and disseminate information about women,
children & youth rights;
c)Undertake studies to identify discriminatory and exploitative
practices affecting children
d)Coordinate all stakeholders to protect the rights and well-being of
children;
Follow up the implementation of treaties relating to women and
children and submit reports to the concerned bodies
However, the Directorate of Child Rights
Promotion and Protection suffers from
a)lack of sufficient resources
b)lack of knowledge,
c)high staff turnover,
d)lack of communication and
e)overlapping of mandate
 Independent Monitoring of the
Implementation of Children’s Rights
The Ethiopian Human Rights Commission and the
Ethiopian Institution of Ombudsman are primarily
responsible to promote and protect the rights of children.
To this effect, both the Ethiopian Human Rights
Commission and the Ethiopian Institution of
Ombudsman have Commissioners heading Children and
Women Affairs specifically responsible for children.
Mandates and Functions of EHRC and
EIOM
a)To promote, protect , monitoring and advisory
b)To undertake studies and research on ways and
means of effective implementation of the
rights of children.
 Monitoring
The Committee on the Rights of the Child has
recommended the improvement of birth registration, to
strengthen its system of collecting disaggregated data
in the areas of:
a)domestic adoption,
b)street children,
c)children without parental care,
d)sexually abused and trafficked children
In addition, the Social Affairs Standing
Committee of the HPR is also given the
mandate to:
a)Ensure social security to street children, and
children with disabilities
b)Receive children’s complaints.
 Partnership with Civil Society
As a state party to the Conventions, Ethiopia is
required to work in tandem with human rights
NGOs, child and youth led organizations,
women associations, parent and family groups,
faith groups, academic institutions, and
professional associations.
In 2001, the HPR adopted Proclamation for the
Registration and Regulation of Charities and Societies
(Proclamation 621/2009).
Accordingly, it came with a three-pronged
classification of charities and societies as:

1)Ethiopian charities,

2)Ethiopian resident charities and

3)International and foreign charities.

Yet, this law only allows Ethiopian charities to
engage on human rights advocacy including the
rights of children.
Even, the law requires Ethiopian charities to obtain
90 percent of their funding from local sources.
Since at present, Ethiopian charities are not in a
position to muster the strength to secure 90 percent
of funding for their activities.
This has adversely affected their activities for the
promotion of the rights of children.
Chapter 3: General Principles of CRC and the ACRWC on Child Rights

The Convention on the CRC and the ACRWC are established

on the bases four general principles.
These are principles of:
1) non-discrimination (Article 2),
2)the best interests of the child (Article 3(1)),
3)the right to life and maximum survival and development
(Article 6) and
4)respect for the views of the child (Article 12).
 3.1. The Principle of Non-Discrimination

Thought CRC is not defined the term “discrimination”, the

Human Rights Committee has defined “discrimination” as
“any distinction, exclusion, restriction or preference which is
based on any ground such as:
 race, colour, sex, language, religion, political or other opinion,
 national or social origin, property, birth or other status,
 social and economic status
 historical or educational background etc.”
 States Parties to the Conventions obligated to respect and
ensure the rights of child without discrimination of any
kind.
 Protection against discrimination is also affirmed under
Article 3 of the African Charter on the Rights and Welfare
of the Child.
 In a similar vein, article 25 of the FDRE Constitution
provides that “all persons are equal before the law and are
entitled without any discrimination to the equal protection
of the law.
 3.2. The Principle of the Best Interests of the
Child
 Article 3(1) of the CRC provides that the best interests of the
child shall be a primary consideration in all actions and
decisions affecting children.
 Focus areas to be consider the best interests of the child
include:
 public and private institutions,
 social welfare institutions,
 in judiciary organs,
 administrative authorities or legislative
 in formulating national plans and policies
Article 36(2) of the FDRE Constitution provides that “in
all actions concerning children undertaken by private
and public institutions, courts of law, administrative
authorities or legislative bodies, the primary
consideration shall be the best interests of the child.”
Furthermore, Article 4(1) of the African child rights
Charter stipulates that the best interests of the child shall
be “the primary consideration”.
 3.4. The Right to Life and Maximum Survival and Development

This principle encompasses protection of children from violence,

exploitation, neglect and abuse.
The right to life is an inherent right of every individual.
The protection of the right to life requires both negative and positive
duties.
Negative duties or duties of omission include prohibiting:
a)death penalty,
b)Abortion and Infanticide
c)summary executions
d)enforced disappearance
Affirmative obligations or positive duties
which include:
a)Reducing infant and child mortality,
b)increase life expectancy,
c)providing health care services
d)eliminating malnutrition and epidemics
a)Abortion
1)The Preamble of the CRC states that “the child……
needs special safeguards and care……. before as
well as after birth.
2)Article 545(1) of the criminal code stated that:
The intentional termination of a pregnancy, at
whatever stage or however effected, is punishable.
 Yet, Article 551 of the criminal code provides Cases where
Terminating Pregnancy is allowed by Law.
(1)Termination of pregnancy by a recognized medical institution
within the period permitted by the profession is not punishable
where:
a) the pregnancy is the result of rape or incest; or
b) the pregnancy endangers the life or health of the mother or the
child or
c) the child has an incurable and serious deformity; or
d) the pregnant woman, …. is physically as well as mentally unfit to
bring up the child
1)Infanticide
Article 544 (1 &2) of the Criminal Code
respectively provides that:
(1) “Mother who intentionally kills her infant while
she is in labour …is punishable…. with simple
imprisonment.
(2) “A mother who kills her child, either intentionally
or by negligence, considered as homicide.”
1) Capital Punishment
 Article 6 of the ICCPR, Article 37(a) of CRC and Article 5(3)
of the African Charter prohibits capital punishment for crimes
committed by both persons below eighteen years of age and
pregnant women.
 The second paragraph of Article 176 of the Criminal Code of
Ethiopia provides that “in no case may death sentence be
passed upon a criminal who had not attained his eighteenth
year of age at the time of the commission of the crime.”
 3.4. The Principle of Respect for the Views of the Child

Children should consider as an active participant in the

promotion, protection and monitoring of their rights
According to Article 12(1) of the CRC Children are
entitled to express their views freely “in all matters
affecting their life.”
Article 14 of the Ethiopian Civil Code affirms the right
of every person to think freely and to express his ideas.
Accordingly, the Ethiopian Institution of the Ombudsman
has facilitated the establishment of model children
parliaments in all the regional states as well as in Addis
Ababa and Dire Dawa.
 These model children parliaments have inspired regional
states to establish their own children parliaments and student
councils in schools.
 The model children parliaments have served as a platform
for the participation of children on matters concerning them
Chapter 4: Civil Rights and Freedoms

The Convention on the Rights of the Child and

the African Charter on the Rights and Welfare
of the Child enshrine various civil rights and
liberties of children.
All kinds of children…
The right to live and grow (Article 6)
 The Right of the Child to Identity

 Article 8 of the CRC assures the rights of children to identity

and where necessary re-established.
 The provision covers three elements of identity:
a) The right to nationality,
b) The right to name and
c) The right to establish family relations.
 It also recognized under Article 25 of Convention on the
Protection of All Persons from Enforced Disappearance
adopted in 2006.
 Birth Registration, Name, Nationality and Right to
Know and Be Care for by Parents

A.The Right to Birth Registration

 Article 7 of the CRC assures the right to birth registration, name,
nationality and the right to know and be care for by parents.
 It requires children to be registered immediately after birth.
 Even though Ethiopia has established the bill of Vital Events
Registration law, there is no practical birth registration system
currently.
 There is no adequate legal framework and institutional structure for
birth registration.
 As a result, birth registration in Ethiopia is among the lowest in the
world.
Significances of birth registration
a)It is useful for national planning for children.
 For instance, to have information concerning infant and
child mortality rates.
b) Helps to proof of the protective ages of children as in case
of early marriage, child labour, sexual exploitation, armed
forces, administration of child justice, etc.
c) It also promotes inheritance rights of children and prevents
property grabbing.
B. The right to Name
Article 7 also assures the right of the child to a
name as of the moment of birth.
 This implies that there should not be delay in
naming children.
 Parents are not entitled to register names that
make children an object of ridicule.
C. The Right to Nationality
Article 36(1) (b) of the FDRE Constitution also
enshrines the rights of children to name and nationality.
This right is to be implemented in conformity with the
national laws of the State Parties and their obligation
under the relevant international instruments.
Nationality may be acquired based on parentage (jus
sanguini) or from place of birth (jus soli.)
The right to have a name and belong to a country
(Article 7)
D. The Right to know and be cared of by parents
 Article 7 also assures the right of the child to know and be cared
for by his or her parents as far as possible.
 Article 36(1) (c) the FDRE constitution affirms the right of
children to know and be cared for by his or her parents or legal
guardians.
 The term parent is widely defined as to include:
a) Genetic parents-those who are an actual biological parents of a
child
b) Birth parents- the mother who gave birth
c) Psychological parents- those who have significant periods during
infancy and childhood
The right to be cared for by your parents:
art-18
The right to special help if you need it (Art 23)
The right to be cared for if you do not live with your parents : Art 20&21
The right to be kept safe from dangerous things (Article 33)
The right to eat healthy food: art 27
The right to education: art 28
The right to have access to health care:
art-24
 4.3. Child’s Right to Freedom of Expression
Children are active subjects of rights and not passive objects of charity.
Article 13 of the CRC assures the right of the child to freedom of
expression.
The freedom of expression is also affirmed under Articles 19 of the
UDHR and the ICCPR.
 The freedom embodies the “right to seek, receive and impart”
information and ideas.
Yet, Article 13(2) imposes Restrictions on the right of children to
express their views
The right to share your ideas and be
listened to (Articles 12 & 13)
 Child’s Right to Freedom of Thought,
Conscience and Religion

Article 14 of the CRC assures the right of

children to freedom of thought, conscience and
religion.
It is also affirmed under Articles 18 of the
UDHR and the ICCPR.
 However, Article 14(2) of CRC underlines the significance of
parental guidance in relation to freedom of thought, conscience
and religion in the light of the “evolving capacities” of the child.
 Thus, parents are responsible to provide direction for children
when they exercise such rights.
 Yet, the parents’ direction may not involve physical or mental
violence.
 In case parents disagree as to the religion the child should
assume, the matter needs to be resolved based on the preference
of the child
 4.5. Child’s Right to Privacy

Child’s Right to Privacy recognized under

a)Article 16&17 CRC
b) Article 12 of the UDHR and
c)Article 17 of the ICCPR
d)Article 26 of the FDRE Constitution
It provides protection against arbitrary or unlawful
interference with his or her privacy, family, home, attacks
on his or her honor and reputation.
The right to be private (Article 16)
 4.6. Freedom from Torture or Other Cruel, Inhuman,
Degrading Treatment or Punishment
a)Article 37(a) and of Article 19(1) CRC
b)Article 16(1) of the African Charter on the Rights and welfare of the
Child
c)Article 18(1) of the FDRE Constitution -the right to protection against
cruel, inhuman or degrading treatment or punishment.
d)Article 36 (1) (e) of the FDRE Constitution - the rights of children to be
free from corporal punishment or cruel and inhuman treatment in schools
and other institutions.
e)Article 576(1) of the Criminal Code prohibits the maltreatment of
children
The right to never be hurt by others (Art 19 & 34)
 Chapter Five: Child Protection

Every Child Deserves a Safe Childhood

Children have the right to:
Safety
Protection from abuse, neglect, exploitation and
discrimination
Safe, healthy home with adequate food and clothing
An environment where they can grow and reach
their potential
Respect
 The main Issues of Child Protection
Children are one parts of a broader community
where their relationships, engagement, and roles
deepen over time and take on increased
significance.
For this reason, protecting children is both a
private and a public responsibility.
 Child Protection: is the prevention of and response to
abuse, neglect, exploitation, and violence against children
to ensuring children’s rights to survival, development and
well-being (UNICEF’s 2008 child protection strategy )
Thus, the essential question remains: how will children be
protected from violence, abuse, exploitation, and neglect,
as well as manmade and natural emergencies, as a matter
of a child’s fundamental rights?
What is Child Abuse?
 Child Abuse: is any action that results in harm,
potential for harm, or threat of harm to a child
Definition of Child Abuse
“The physical or mental injury, sexual abuse or
exploitation, negligent treatment, or
maltreatment of a child under the age of 18 by
a person who is responsible for the child’s
welfare under circumstances which indicate
that the child’s health or welfare is harmed or
threatened.”
Child Welfare Act
Living With Child Abuse
Child Abuse
 Identification of child abuse is difficult.
It requires social and medical assessment.
Aspects of abuse are:
a) Neglect
b) Sexual
c) Physical
d) Emotional
 Aspects of Child Abuse

Sexual Abuse

Physical
Abuse
Neglect

Emotional
Abuse
“So long as little children are
allowed to suffer, there is no
true love in this world”
Duncan
Neglect -63%

Neglect is the persistent failure to meet a child’s basic

physical and/or psychological needs that is likely to
seriously impair the child’s health or development.
Such as being deprived of:
 food,
 Inadequate clothing/shelter
 hygiene,
 intellectual stimulation,
 supervision and safety,
 Attachment to and affection from adults,
 medical care- denial or delay
 This little girl longs to go to school, but is forced to
stay home and care for an alcohol dependent mother.

NEGLECT
The difference between abuse and abuse
is that abuse represents an action against
a child while neglect represents a lack of
action for the child.
Not meeting a child's essential needs for food, clothing, and
shelter is the most basic form of neglect. But there are many
other forms. Parents may not obtain preventive dental or
medical care for the child, such as vaccinations and routine
physical examinations. Parents may delay obtaining medical
care when the child is ill, putting the child at risk of more
severe illness and even death. Parents may not make sure the
child attends school or is privately schooled. Parents may
leave a child in the care of a person who is known to be A hungry child with a diaper
abusive, or may leave a young child unattended. heavy with urine and feces,
long past changing time.
Physical Abuse-19%
Physical Abuse occurs when someone
deliberately hurts a child physically or puts
them at risk of being physically hurt.
It may occur as a single incident or as a
pattern of incidents.
It may involve hitting, shaking, throwing,
burning/scalding, poisoning, suffocating, etc.
PHYSICAL
Bruises, lacerations and abrasions, skeletal
ABUSE…
injuries, head injuries, and internal injuries
from hitting, shaking, twisting, pulling,
punching, beating with the hand or an object,
biting, force feeding, and kicking.
Burns from cigarettes, hot
liquids, confinement ropes or irons.
Emotional Abuse-8%
 It is the persistent emotional ill treatment that conveys to the
child that they are:
a) worthless or
b) unloved,
c) inadequate or
d) only valued as a means to meet the needs of another person.
 It is manifested by
 Living in an atmosphere of fear and intimidation
 Persistent ridicule, rejection, humiliation
 Being allowed no contact with other children
 Inappropriate expectations being imposed
 Low warmth, high criticism
 Indeed, all forms of abuse will include an emotional aspect.
 EMOTIONAL ABUSE…
Abusing a victim emotionally is considered a
pattern of behavior that can seriously interfere
with a child's positive development. Emotional
abuse is probably the least understood of all child
abuse, and can be the cruelest and most destructive
of all types of abuse.
It includes rejecting, ignoring, isolating,
terrorizing, and corrupting.
Because emotional abuse attacks the
child's psyche and self-concept, the
victim comes to see him or herself as
unworthy of love and affection.
Children who are constantly shamed,
humiliated, terrorized or rejected
suffer at least as much, if not more,
than if they had been physically
assaulted.
An infant who is being severely
deprived of basic emotional nurturing,
even though physically well cared for,
can fail to thrive and can eventually
die. Less severe forms of early
emotional deprivation may produce
babies who grow into anxious and
insecure children who are slow to
develop or who might have low self-
esteem.
Sexual Abuse-10%
Sexual Abuse is the actual or likely sexual
exploitation of a child under 18 by any person.
This would involve any form of sexual activity
to which the child cannot give true consent
either by law or because of ignorance,
dependence, developmental maturity or fear.
Child sexual abuse is any sexual
act with a child performed by an SEXUAL
adult or an older child.
This might be:
a) fondling the child's genitals;
ABUSE
b) getting the child to fondle an
adult's genitals;
c) mouth to genital contact;
rubbing an adult's genitals
on the child; or
d) actually penetrating the
child's vagina or anus with a
body part or object.
Other forms of abuse can also
occur that are not as easy to
detect. These include showing an
adult's genitals to a child, showing
the child pornographic or "dirty"
pictures or videotapes, or using Child molesters often “groom” their victims by giving them
the attention, affection, or gifts. The trauma can be so great, the
child as a model to make victim may even “repress” the memory. Child molesters are most
often someone the child knows…and NOT a stranger.
pornographic materials.
What may constitute sexual abuse?

1) Exposure to pornographic materials

2) Being involved in the sexual activities of adults
3) Being touched or talked to in sexually explicit
ways – directly or indirectly
4) Being spoken to about sex in ways which are
inappropriate for the child and which seek to
gratify the needs of others.
Indications of possible abuse:
Marks (bruises, cuts, burns)
Changed eating habits
“Fearful, changed, unusual, difficult, withdrawn”
behaviour
Poor hygiene
Inappropriate touching
Further indications of possible sexual abuse
Developmental delay
Self injury
Relationship changes
Tiredness
Overly mature knowledge of sexual
matters
 Sexual Abuse
Five Steps to Protect Our Children
Step 1 – Learn the Facts
Step 2 – Minimize Opportunity
Step 3 – Talk About It
Step 4 – Recognize the Signs
Step 5 – React Responsibly
 Protection of Children in Special Situation
1. Child Protection in Emergencies?
Emergency is catastrophe, unfortunate and exceptional situation
that “threatens the life of a nation and its people.”
It intimidates the health, safety, security, or wellbeing of a
community and especially of children.
Child protection in emergencies (CPiE) refers to all efforts to
prevent and respond to abuse, neglect, exploitation, and violence
against children in the aftermath of a disaster.
It includes humanitarian assistance which is compulsory for the
survival and wellbeing of children.
The primary Responsible organs
CPiE is a multi-sectoral area of work involving many
actors such as:
a)Government
b)Local aid organizations,
c)International organizations,
d)Local and international communities,
e)Families and parents all share the responsibility of caring
for and protecting children during emergency.
The primary obligation, however, lies with local
authorities, which bear the responsibility of making sure
that services and assistance are available to children.
In emergencies, displacement, separation from family,
parents and losing of home increase a child’s
vulnerability and endanger their life.
At this time they may exposed to violence, exploitation,
abuse and other injustices.
 From what children in Time of Emergencies
Protected?
 Greater efforts are needed to protect children during and after
emergencies. In emergency, children need to be protected
from:
a) physical harm
b) exploitation and gender-based violence
c) psychosocial distress
d) recruitment into an armed group
e) family separation
f) forced displacement
 Principles for the Protection of Children in
Emergencies:
Principle 1: Avoidance of further harm as a result of your actions
 reduce children’s exposure to more risks
Principle 2: Provision of impartial assistance with prioritization
 Assist everyone equally, regardless of preferences.
 Give priority for more injured children women and children with
disabilities.
Principle 4: provide timely assistance to reduce the possible harm
Principle 3: use of Maximum effort and resources
Principle 5: Protect children from physical and psychological harm
Principle 6: All Efforts must be towards promoting the rights of
 Refugee Children
Article 22 of the CRC stipulates the rights of refugee and
asylum-seeking children to appropriate protection and
humanitarian assistance.
Refugee and asylum-seeker children are entitled to:
a)the right to nationality and family relations,
b)protection from separation from parents,
c)right to family reunification,
d)entitlement not to be deprived of family environment,
e)protection from trafficking and deprivation of liberty.
 Chapter Six: Basic Health and Welfare Rights
What is Child Welfare?
 Child welfare is a variety of services designed for
children to live with safe and stable environment.
It includes providing services to socially, economically,
physically or mentally incapable children.
 Thus, child welfare services are planned to meet the
need of most deprived and vulnerable children like:
children of working with mother,
poor children and
handicapped children
What are the goals of child welfare
The child welfare system has three primary goals for
children.
These are:
1)Ensuring Safety: Make children to be free from all
types of abuse.
No child should suffer by maltreatment.
2) Ensuring Permanency resident: Enable all
children to live everlastingly with their parents
All children should have stable and permanent
family relationships and connections.
3) Ensuring their Well-being: Preventing and
protecting all children from physical, psychological
harm
The primary responsibility to provide child
welfare services rests on the:
a) Federal Government
b) Regional States,
c)Civil society organizations
d) Community
 What Expected from such welfare provider Entities
a)Create public awareness to prevent child abuse and neglect
b)Provide necessary resources and services to the families’ of
children
c)Receive and investigate reports of possible child abuse and
neglect;
d)Assess child and family needs of resources
e)Arrange for children to live with kin (relatives) when safety
cannot be ensured at home.
 Access to Underlying Determinants of Health
The health of children cannot be maintained in the absence of the
fulfillment of the underlying determinants of health.
Underling determinants of health are preconditions for the maintenance
of the health of children.
These include access to:
a) potable water,
b) health care center,
c) nutritional food and
d) affordable sanitation facilities in or near to their homes and public
institutions (including educational institutions, hospitals and places of
work).
 Child’s Right to Benefit from Social Security
Article 26 of CRC assures of the child’s right to benefit from
social security.
This right includes social insurance, financial support for
children, medical care and benefit for families.
Parents bear the primary responsibility for upbringing of the
child.
However, when parents are unable to provide for children due
to circumstances beyond their control, the State is obliged to
ensure that the child is provided with financial support.
States are required to provide such financial
support to the maximum extent of their available
resources and as indicated in Article 4 of the
CRC.
Article 41(5) of the FDRE Constitution stated that
“The State shall, within available means, allocate
resources to provide … assistance to the
physically and mentally disabled children …
 Child’s Right to an Adequate Standard of Living
Article 27(1) of the CRC affirms the right of the child to adequate
standard of living to his or her physical, mental, spiritual, moral and
social development.
It imply the need to fulfill the basic necessities of the child such as:
a) nutrition,
b) clothing, housing,
c) clean drinking water,
d) education,
e) good hygiene and
f) sanitation and breastfeeding.
It also prevention of environmental pollution,
child accidents and harmful traditional practices.
Parents are primarily responsible to meet the
material, emotional, developmental and
intellectual needs of their children.
However, States are also responsible to assist
parents when they do not have the skills or
resources to do that.
 Rights of Children with Disabilities
Disabled children are at greater risk of abuse and neglect
than non-disabled children.
Article 23 of the Convention stress that children with
disabilities are entitled to special care to access various
services that used for their social integration and individual
development.
To this end, in December 2006 the UN General Assembly
adopted the Convention on the Rights of Persons with
Disabilities.
 The Convention calls up on States Parties to abolish
legislation, customs and practices that discriminate
against children with disabilities (CRPD).
In particular Article 7 of the CRPD requires State Parties
to ensure:
 the enjoyment of all human rights and fundamental
freedoms by children with disabilities on an equal basis
with other children;
 the best interests of children with disabilities is a primary
consideration in deciding matters affecting them;
 access to justice for children with disabilities.
 disability sensitive protection and rehabilitation services;
 Birth registration of children with disabilities
immediately after birth.
 Ensure that children with disabilities are entitled to retain
their fertility, thereby forbidding sterilization.
 Ensure that children with disabilities are not separated
from parents unless this is in their best interests and never
on the basis of disability.
 To ensure inclusive education at all levels for children
with disabilities
 To ensure the rights of children with disabilities to have
equal access at play, recreation, sport stations.
The End !!